Daily Email Newsletter (Sign-up Free)

Section 13, Patents Act 1970: Search for Anticipation by Previous Publication & by Prior Claim

Section 13 (Search for anticipation by previous publication and by prior claim) under Chapter IV (Publication and Examination of Applications) of the Patents Act, 1970 ⦂―

❝(1) The examiner to whom an application for a patent is referred under section 12 shall make investigation for the purpose of ascertaining whether the invention so far as claimed in any claim of the complete specification—
  (a) has been anticipated by publication before the date of filing of the applicant‟s complete specification in any specification filed in pursuance of an application for a patent made in India and dated on or after the 1st day of January, 1912;
  (b) is claimed in any claim of any other complete specification published on or after the date of filing of the applicant‟s complete specification, being a specification filed in pursuance of an application for a patent made in India and dated before or claiming the priority date earlier than that date.

(2) The examiner shall, in addition, make such investigation for the purpose of ascertaining whether the invention, so far as claimed in any claim of the complete specification, has been anticipated by publication in India or elsewhere in any document other than those mentioned in sub-section (1) before the date of filing of the applicant‟s complete specification.

(3) Where a complete specification is amended under the provisions of this Act before the grant of a patent, the amended specification shall be examined and investigated in like manner as the original specification.

(4) The examination and investigations required under section 12 and this section shall not be deemed in any way to warrant the validity of any patent, and no liability shall be incurred by the Central Government or any officer thereof by reason of, or in connection with, any such examination or investigation or any report or other proceedings consequent thereon.❞




.................................................................

Notes:

The Patents Act, 1970 was amended by :
- the Patents (Amendment) Act, 1999 (No. 17 of 1999);
- the Patents (Amendment) Act, 2002 (No. 38 of 2002);
- the Patents (Amendment) Act, 2005 (No. 15 of 2005).

No comments:

Post a Comment

In comment with "Name/Url" option, only Name is mandatory to be filled.